GAON SABHA TUJA Vs. SUB DIVISIONAL OFFICER KHAGA

JUDGEMENT

(1.) SUB Divisional Officer, Khaga, district Fatehpur, has granted Patta of the fishing rights in plot No. 580 (tank) situate in village Tuja Pargana Hathgaon Tahsil Khaga district Fatehpur, in favour of Kunwarwa son of Gaya Din, Respondent No. 2. Gaon Sabha Tuja, being aggrieved by the grant of the aforesaid Patta, has filed this writ petition for a writ of mandamus directing the Respondents not to interfere with the legal rights of the Petitioner in the land in dispute (plot No. 580 -tank).

(2.) WE have heard the learned Counsel for the Petitioner and the learned Standing Counsel.

(3.) THE Government has been authorised, under Section 126 of U.P. Zamindari Abolition & Land Reforms Act (hereinafter referred to as the Act), to issue such orders and directions to the Land Management Committee, as may appear to be necessary for the purposes of the Act. By Sub -section (2) of the said Section duty has been cast on the Land Management Committee and its office bearer to carry out these orders and directions. Rule 115 -A of the U.P. Zamindari Abolition and Land Reforms Rules (hereinafter referred to as the Rules) empowers the State Government to issue directions to the Land Management Committee from time to time on the matters mentioned therein. One of the matters, referred to in this rule on which Government can issue directions, relates to the functions of the Land Management Committee, as laid down in Section 28 -B of the U.P. Panchayat Raj Act. Some of the functions of the Land Management Committee specified in Section 28 -B of the U.P. Panchayat Raj Act are about the settling and management of the land and maintenance and development of the fisheries and tanks. In view of the provisions of Section 28 -B of U.P. Panchayat Raj Act, Section 126 of the Act read with Rule 115 -A, the State Government is competent to issue necessary directions for maintenance and development of fisheries and tanks as well as the settlement and management of the land.